Mohankumar K v. The State Rep. By

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police, for the alleged offences punishable under Sections 355, 296(b), 125, 118(1), 351(3) & 324(2) of BNS in Crime No.622 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that on the date of occurrence, the petitioner created a ruckus in the bar and assaulted the employees in the bar. Hence, the case.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. The learned counsel further submitted that due to demand of excess of money in the TASMAC bar, there was a commotion and the petitioner was assaulted by the employees of the bar, whereas a false complaint has been given against the petitioner. He further submitted that it is case in counter and the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, the learned counsel prayed for grant of anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) appearing for the respondent Police while opposing the grant of anticipatory bail to the petitioner submitted that the petitioner created a ruckus in the bar. The learned counsel further submitted that the injured has already been discharged from the hospital and there is one previous case pending against the petitioner.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either sides and considering the fact that the injured has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate II, Poonamallee, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum to the satisfaction of the respondent police or the police officer 2/4

who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

[a] the petitioner shall report before the respondent police as and when required;

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the Petitioner in accordance with law as if the conditions have been imposed and the Petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

15.11.2024 sai 3/4

A.D.JAGADISH CHANDIRA, J.

sai Dated: 15.11.2024 4/4